STATUS: Broad domestic partnership, anti-marriage constitutional amendment 



TAKE ACTION: On March 26, 2013, the U.S. Supreme Court heard oral arguments in Hollingsworth v. Perry, which challenges the constitutionality of Proposition 8. To increase the chances of a positive ruling for committed same-sex couples in California, expected in late June, we must continue to create the appropriate climate, demonstrating that a growing majority of Americans support the freedom to marry and oppose Proposition 8. 

HISTORY: Decades of public education, advocacy and political leadership on marriage in California led to the California Supreme Court ruling in May 2008 on In Re: Marriage Cases to uphold the freedom to marry. In subsequent months, an estimated 18,000 gay couples were married in virtually every county of the state.

In November 2008, the California electorate narrowly passed Proposition 8, a constitutional amendment designed to supersede the court and prohibit same-sex couples from marrying in California.

On August 4, 2010, District Court Chief Judge Vaughn R. Walker ruled in Perry v. Schwarzenegger that Proposition 8 violates the U.S. Constitution's guarantees of equal protection and due process. The case proceeded to higher courts, which have ruled Proposition 8 time and again to be unconstitutional.

On February 7, 2012, the U.S. Ninth Circuit Court of Appeals ruled on Perry v. Brown, and in a 2-1 vote, chose to uphold Judge Vaughn Walker's previous ruling that Proposition 8 is unconstitutional. Proponents of Proposition 8 petitioned for an en banc rehearing of the case, asking for the case to be retried by an 11-judge panel.

On June 5, 2012, the Ninth Circuit Court of Appeals denied the request for an en banc rehearing. 

On December 7, 2012, the Supreme Court of the United States granted review to the case, now Hollingsworth v. Perry. Arguments in the case will be heard on March 26, 2013, with a ruling expected by June 2013. Read all about Proposition 8 HERE. 

POLLING DATA: A wide majority (61%) of California residents support the freedom to marry. (Field Poll, March 2013) 

GROUPS ACTIVELY WORKING ON MARRIAGE:

• Equality California is the largest LGBT advocacy organization in California.
• Vote for Equality/the Los Angeles Gay & Lesbian Center is an organization working to advance the freedom to marry through grassroots action, voter education, and leadership development.
• Let California Ring is a public education campaign to open hearts and minds about the freedom to marry in California.
• Freedom to Marry is the campaign to win marriage for same-sex couples nationwide. 
• Human Rights Campaign is the United States' largest civil rights organization working to achieve lesbian, gay, bisexual and transgender (LGBT) equality. 
• Marriage Equality USA is a grassroots organization based in California working for federal and state marriage equality.
• Courage Campaign is an online organizing network that empowers grassroots and netroots activists to push for progressive change in California.
• California Faith for Equality is a group bringing together clergy and lay leaders throughout California who support equality for LGBT people.

NUMBER OF SAME-SEX COUPLES: According to The Williams Institute's analysis of the 2010 U.S. Census, 98,153 same-sex couples are living in California, representing 7.8 same-sex couples per 1,000 households. 

FREEDOM TO MARRY COUPLE STORIES:

• Kevin Dowell & Tony Ring, San Bruno, CA
• Corrie Sharp & Jennifer Tom, San Diego, CA
• Mignon Moore & Elaine Harvey, Los Angeles, CA
• Robert Rohr & Andy Goldfarb, San Francisco, CA
• Corri Planck and Dianne Hardy-Garcia, Los Angeles, CA
• Thom Watson & Jeff Tabaco, San Francisco, CA